Western Australian Numbered Acts Western Australian Numbered Acts[s. 32]
Division 1 — Vacant possession and no impediment to
occupation
It is a term of a
long-stay agreement that vacant possession of the agreed premises will be
given to the long-stay tenant on the day on which the tenant is entitled under
the agreement to take up occupation of the agreed premises.
2 . No legal impediment to occupation of tenanted
premises
(1) It is a term of a
long-stay agreement on the part of the park operator that there is no legal
impediment to the long-stay tenant’s occupation of the agreed premises
as a residence, or to the tenant’s use of the agreed premises, for the
period of the agreement.
(2) In this
clause —
“impediment” means only an impediment
of which, at the time of entering into the agreement, the park operator had
knowledge or ought reasonably to have had knowledge.
Division 2 — Variation of rent
3 . Provision for rent variation —
on-site home agreement
An on-site home
agreement may exclude or limit the park operator’s right to increase
rent under section 30.
4 . Provision for rent variation —
site-only agreements
(1) A site-only
agreement may provide for rent to be reviewed as specified in the agreement.
(2) The provision is
of no effect if the agreement provides for review of the rent at intervals of
less than 12 months.
(3) The provision is
of no effect unless the agreement specifies, for each review to be carried out
during the tenancy period, a single basis for calculating the amount of rent
payable on and after the review date.
(4) Subclause (3)
does not prevent the agreement from specifying, different bases for
calculation for different review dates.
(5) A provision of a
site-only agreement is of no effect to the extent that it purports to provide
that the rent payable on and after a review date is not reduced if the amount
calculated on the basis specified in the agreement for that review date is
less than the amount that was payable under the agreement immediately before
the review date.
(6) Subclause (2)
does not prevent the agreement from specifying a day for carrying out the
first review that is earlier than 12 months after the beginning of the
tenancy if —
(a) it
is the practice of the park operator to review the rent payable by long-stay
tenants in accordance with a set review date schedule; and
(b) the
long-stay tenant was given written notice of the set review date schedule
before the long-stay agreement was made.
Division 3 — Cleanliness, damage and repair
5 . Responsibility for cleanliness
(1) It is a term of a
site-only agreement that the long-stay tenant must keep the site and the
exterior of the relocatable home on the site in a reasonable state of
cleanliness.
(2) It is a term of an
on-site home agreement that the long-stay tenant must keep the site and both
the interior and the exterior of the on-site home in a reasonable state of
cleanliness.
(1) It is a term of a
long-stay agreement that the long-stay tenant must not intentionally or
negligently cause or permit damage to the agreed premises or the shared
premises.
(2) It is a term of a
site-only agreement that the long-stay tenant must notify the park operator,
as soon as practicable but in any case within 3 days, of any
damage —
(a) to
the site or to any fittings or fixtures on the site; or
(b) to
the exterior of the relocatable home on the site.
(3) It is a term of an
on-site home agreement that the long-stay tenant must notify the park
operator, as soon as practicable but in any case within 3 days, of any
damage —
(a) to
the site or to any fittings or fixtures on the site;
(b) to
the exterior or interior of the on-site home; or
(c) to
any chattels, fittings or fixtures in or on the on-site home that are provided
by the park operator for the use of the tenant.
7 . Park operator’s responsibility for
cleanliness and repairs
It is a term of a
long-stay agreement that the park operator must —
(a)
provide the agreed premises and the shared premises in a reasonable state of
cleanliness;
(b)
maintain the shared premises in a reasonable state of cleanliness;
(c)
provide and maintain the agreed premises and the shared premises in a
reasonable state of repair having regard to their age, character and
prospective life; and
(d)
comply with any other written laws that apply in relation to the buildings in
the residential park or the health and safety of residents of the park.
8 . Compensation where tenant sees to repairs
(1) It is a term of a
long-stay agreement that the park operator must compensate the long-stay
tenant for any reasonable expense incurred by the tenant in making urgent
repairs to the agreed premises where —
(a) the
state of disrepair has arisen otherwise than as a result of a breach of the
long-stay agreement by the tenant and is likely to cause injury to person or
property or undue inconvenience to the tenant; and
(b) the
tenant has made a reasonable attempt to give to the park operator notice of
the state of disrepair and of his or her intention to incur expense in
repairing the premises.
(2) However, the park
operator is not obliged to compensate the long-stay tenant unless —
(a) the
person who carries out the repairs holds a licence to do such work, if a
written law requires the person to hold the licence; and
(b) the
tenant has given to the park operator a report prepared by the repairer as to
the apparent cause of the state of disrepair.
(3) Subclause (1)
applies whether or not the long-stay tenant has notice of the state of the
agreed premises at the time when the long-stay agreement is made.
9 . Permitting children to live on agreed premises
A long-stay agreement
may include a term to the effect that children are not permitted to live on
the agreed premises if —
(a)
where the residential park is operated under a licence under the
Caravan Parks and Camping Grounds Act 1995 — the licence
permits the park operator to include such a term in the agreement; or
(b) in
any other case — the residential park is a lifestyle village, and
the same term is included in all long-stay agreements made between the park
operator and the tenants of the lifestyle village.
10 . Tenant’s conduct on premises
It is a term of a
long-stay agreement that the long-stay tenant —
(a) must
not cause or permit a nuisance anywhere in the residential park; and
(b) must
not use the agreed premises or the shared premises, or cause or permit them to
be used, for an illegal purpose.
It is a term of a
long-stay agreement —
(a) that
the long-stay tenant has a right to quiet enjoyment of the agreed premises
without interruption by the park operator or any person claiming by, through
or under the park operator or having superior title to that of the park
operator;
(b) that
the park operator must not cause or permit any interference with the
reasonable peace, comfort or privacy of the long-stay tenant in the use by the
long-stay tenant of the agreed premises or the reasonable use by the long-stay
tenant of the shared premises; and
(c) that
the park operator must take all reasonable steps to enforce the obligation of
any other tenant of the park operator not to cause or permit any interference
with the reasonable peace, comfort or privacy of the long-stay tenant in the
use by the long-stay tenant of the agreed premises or the shared premises.
(1) It is a term of an
on-site home agreement that the park operator must provide and maintain such
locks or other devices as are necessary to ensure that the on-site home is
reasonably secure.
(2) It is a term of a
long-stay agreement that the long-stay tenant will not alter, remove or add
any lock or similar device to the agreed premises or the shared premises
without the consent of the park operator given at, or immediately before, the
time that the alteration, removal or addition is carried out.
(3) It is a term of a
long-stay agreement that the park operator will not alter, remove or add any
lock or similar device to the agreed premises or to anything that belongs to
the long-stay tenant without the consent of the tenant given at, or
immediately before, the time that the alteration, removal or addition is
carried out.
(4) It is a term of a
long-stay agreement that the park operator will not alter, remove or add any
lock or similar device to the shared premises without first notifying the
long-stay tenant and providing the tenant with a means of access to the shared
premises.
(5) A long-stay tenant
who breaches the term referred to in subclause (2) without reasonable
excuse, in addition to any civil liability that the tenant might incur,
commits an offence.
Penalty: a fine of $20 000.
(6) A park operator
who breaches a term referred to in subclause (3) or (4) without
reasonable excuse, in addition to any civil liability that the park operator
might incur, commits an offence.
Penalty: a fine of $20 000.
(7) If an agent of the
park operator, without reasonable excuse, alters, removes or adds a lock or
device to the agreed premises or the shared premises without the consent of
the long-stay tenant given at or immediately before the time that the
alteration, removal or addition is carried out, then the agent, in addition to
any civil liability that the agent might incur, commits an offence.
Penalty: a fine of $20 000.
13 . Park operator’s right of entry
(1) It is a term of a
long-stay agreement that the park operator may enter the agreed premises and
any other premises occupied by the long-stay tenant under the agreement,
including any relocatable home or other structure provided by the
tenant —
(a) with
the consent of the tenant given at, or immediately before, the time of entry;
or
(b) at
any time in an emergency.
(2) It is a term of a
long-stay agreement that the park operator may enter the agreed
premises —
(a) on
giving at least 24 hours’ written notice to the long-stay tenant
where the park operator requires access to meet the park operator’s
obligations under this Act or to inspect repairs and maintenance to the site;
(b) on a
day and at a reasonable time specified in a written notice given to the tenant
at least 7 and not more than 14 days in advance, for the purpose of
inspecting the premises or for any other purpose;
(c) at
any reasonable time for the purpose of collecting the rent under the
agreement, where under the agreement the rent is payable not more frequently
than once each week and is to be collected at the premises;
(d) for
the purpose of inspecting the agreed premises, on the occasion of a rent
collection referred to in paragraph (c), but not more frequently than
once every 4 weeks;
(e) for
the purpose of carrying out or inspecting necessary repairs to or maintenance
of the agreed premises, at any reasonable time, after giving the tenant at
least 72 hours’ notice;
(f) at
any reasonable time and on a reasonable number of occasions during the
21 days before the agreement ends, after giving the tenant reasonable
notice, for the purpose of showing the agreed premises to prospective tenants;
or
(g) at
any reasonable time and on a reasonable number of occasions, after giving the
tenant reasonable notice, for the purpose of showing the agreed premises to
prospective purchasers.
14 . Tenant’s right to remove fixtures or
alter premises
(1) A long-stay
agreement may provide that —
(a) the
long-stay tenant must not affix a fixture or make a renovation or an
alteration or addition to the agreed premises; or
(b) the
long-stay tenant may affix a fixture or make a renovation or an alteration or
addition to the agreed premises, but only with the park operator’s
consent.
(2) A site-only
agreement may provide that —
(a) the
long-stay tenant must not affix a fixture or make a renovation or an
alteration or addition to the exterior of the relocatable home on the site or
to the exterior of any other structure on the site that is not part of the
agreed premises; or
(b) the
long-stay tenant may affix a fixture or make a renovation or an alteration or
addition to the exterior of the relocatable home on the site or to the
exterior of any other structure provided by the tenant that is on the site,
but only with the park operator’s consent.
(3) If a long-stay
agreement includes the provision described in subclause (1)(b)
or (2)(b), it is a term of the agreement that —
(a) the
park operator must not withhold consent unreasonably;
(b) at
any time while the long-stay tenant’s right to occupy the agreed
premises continues, the tenant may remove any fixture that he or she has, with
the park operator’s consent, affixed to the premises, unless the removal
of the fixture would cause irreparable damage to the agreed premises; and
(c) if
the tenant’s removal of a fixture causes damage to the agreed premises,
the tenant must notify the park operator and, at the option of the park
operator, repair the damage or compensate the park operator for any reasonable
expenses incurred by the park operator in repairing the damage.
15 . Rates, taxes and charges paid by park
operator
It is a term of a
long-stay agreement that the park operator must bear the cost of all rates,
taxes or charges imposed in respect of the agreed premises and the shared
premises under any of the following written laws —
(a) the
Land Tax Act 2002 ;
(b) the
Local Government Act 1995 ;
(c) any
written law under which a rate, tax or charge is imposed for “water
services”, as defined in the Water Agencies (Powers) Act 1984 ,
except a charge for water consumed.
16 . Provision for assigning or sub-letting the
premises
(1) A long-stay
agreement may provide that the long-stay tenant —
(a) may
assign his or her interest under the agreement or sub-let the agreed premises;
(b) must
not assign his or her interest under the agreement or sub-let the agreed
premises; or
(c) may
assign his or her interest under the agreement or sub-let the agreed premises
only with the written consent of the park operator.
(2) If a long-stay
agreement does not include a provision of a kind described in
subclause (1), the agreement is taken to include the provision described
in subclause (1)(c).
(3) Where a long-stay
agreement includes or is taken to include the provision described in
subclause (1)(c), it is a term of the agreement —
(a) that
the park operator must not unreasonably withhold consent; and
(b) that
the park operator must not make any charge for giving the consent except for
reasonable incidental expenses.
(4) However, the
operation of a provision of a long-stay agreement that purports to permit the
assignment of the long-stay tenant’s interest under the agreement is
subject to the operation of any other written law that prohibits or regulates
such an assignment.
17 . Tenant’s vicarious responsibility for
breach of agreement
(1) It is a term of a
long-stay agreement that the long-stay tenant is vicariously responsible for
any act or omission of another person who is lawfully on the agreed premises
or the shared premises, if the act or omission would have constituted a breach
of the agreement if done or omitted by the tenant.
(2) However,
subclause (1) does not extend to a person who is lawfully on the agreed
premises or the shared premises but whose authority does not derive from the
permission, express or implied, of the long-stay tenant.
18 . Accelerated rent and liquidated damages
prohibited
(1) A long-stay
agreement is void and of no effect to the extent that it provides that, if the
long-stay tenant breaches the agreement, this Act or another written law, the
tenant is liable to pay —
(a) all
or part of the rent remaining payable under the agreement;
(b) rent
of an increased amount;
(c) an
amount by way of penalty; or
(d) an
amount by way of liquidated damages.
(2) If a long-stay
agreement provides that, if the long-stay tenant does not breach the
agreement, this Act or another written law, the tenant is or may be granted a
reduction in rent, or a rebate, refund or other benefit, then —
(a) the
agreement is taken to have been varied from the commencement of the tenancy;
and
(b) the
tenant is entitled to the reduction, rebate, refund or other benefit in any
event.
Schedule 2 -- Consequential amendments
[s. 98]
1 . Rates and Charges (Rebates and Deferments)
Act 1992 amended
(1) The amendments in
this section are to the Rates and Charges (Rebates and Deferments)
Act 1992 *.
[*
Reprinted as at 19 May 2000.
For subsequent
amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 379 and Act No. 9
of 2005.]
(2) Section 3(1)
is amended in the definition of “relevant interest” by deleting
“or 29B” and inserting instead —
“ , 29B or 29C ”.
(3) After
section 29B the following section is inserted —
“
29C. Relevant interest —
owner-occupier of relocatable home
(1) In this
section —
“park operator” has the meaning given
to that term by the Residential Parks (Long-stay Tenants) Act 2006 ;
“relocatable home” has the meaning
given to that term by the Residential Parks (Long-stay Tenants) Act 2006
;
“residential park” has the meaning
given to that term by the Residential Parks (Long-stay Tenants) Act 2006
;
“site” has the meaning given to that
term by the Residential Parks (Long-stay Tenants) Act 2006 ;
“site-only agreement” has the meaning
given to that term by the Residential Parks (Long-stay Tenants) Act 2006
.
(2) Where an eligible
person who occupies a site on land in a residential park —
(a) has
entered into a prescribed charge arrangement described in subsection (3)
in relation to the land or is taken to have entered into such an arrangement
under subsection (4); and
(b) is
and remains liable to pay the prescribed charge as an amount payable under the
prescribed charge arrangement,
that person has an
interest in the land which is to be taken to be relevant for the purposes of
this Act.
(3) An eligible person
enters into a prescribed charge arrangement for the purposes of this section
if the person enters into a written contract, agreement, scheme, deed or other
written arrangement with a park operator to pay, either directly or
indirectly, a prescribed charge on land in a residential park that is a site
occupied by the person as an owner-occupier.
(4) An eligible person
is taken to have entered into a prescribed charge arrangement for the purposes
of this section if the eligible person —
(a) was
the spouse or de facto partner of a deceased eligible person who had entered
into a prescribed charge arrangement; and
(b) was
residing with the deceased eligible person at the time of his or her death.
(5) An eligible person
occupies a site as an owner-occupier for the purposes of this section
if —
(a) the
eligible person —
(i)
is the owner of a relocatable home situated on the site
in a residential park; and
(ii)
has, under the terms of a written site-only agreement and
from the date on which an entitlement of that person is registered, an
exclusive right to occupy that site for a term of 5 years or longer, or
such other term as may be prescribed in place of that term;
or
(b) the
eligible person —
(i)
is the spouse or de facto partner of an eligible person
referred to in paragraph (a), or was the spouse or de facto partner
of a deceased person who was an eligible person referred to in
paragraph (a) at the time of his or her death; and
(ii)
resides with that person or was residing with that
deceased person at the time of his or her death.
”.
(6)
Section 33(1a) is amended by deleting “or 29B,” and inserting
instead —
“ , 29B or 29C, ”.
(7)
Section 43(1a) is amended by deleting “or 29B.” and inserting
instead —
“ , 29B or 29C. ”.
2 . Residential Tenancies Act 1987 amended
(1) The amendments in
this section are to the Residential Tenancies Act 1987 *.
[*
Reprint 3 as at 27 May 2005.]
(2) Section 5(5)
is amended by deleting “This” and inserting instead —
“ Subject to subsection (6), this ”.
(3) After section 5(5)
the following is inserted —
“
(6) This Act does not
apply to a site at a residential park, within the meaning of the
Residential Parks (Long-stay Tenants) Act 2006 , other than in relation to a
residential tenancy agreement —
(a)
under which a person has a right to occupy such a site; and
(b) that
is an existing fixed term long-stay agreement made in writing, to which the
Residential Parks (Long-stay Tenants) Act 2006 does not apply in accordance
with section 6(4) of that Act.
(7) Subsection (6) has
effect despite section 8(1) of the Residential Parks (Long-stay Tenants) Act
2006 .
”.
(4) After
Schedule 1 clause 3(2)(a) the following paragraph is
inserted —
“
(aa) money payable to the fund under
section 75(3), 92(b) or 94(a) of the Residential Parks
(Long-stay Tenants) Act 2006 ;
”.
(5) After
Schedule 1 clause 3(3)(a) the following paragraphs are
inserted —
“
(aa) in payment of any amount required to be paid out of
the fund under section 51 of the Residential Parks (Long-stay Tenants)
Act 2006 or under an order under section 76(3) or 77(2) of
that Act;
(ab) in
reimbursement of the costs and expenses incurred for the purposes of the
Residential Parks (Long-stay Tenants) Act 2006 by the bond administrator,
bond agents and the Commissioner in carrying out their respective functions;
”.
(6) Schedule 1
clause 3(3)(b) is amended by inserting after “this
Act” —
“ or the Residential Parks (Long-stay Tenants)
Act 2006 ”.